California drivers license for illegal immigrants requirements

The Safe and Responsible Drive Act (AB 60) came into effect on January 2, 2015, and allows all eligible Californians to apply for a driver’s license, regardless of immigration status.

AB 60 means that our friends, brothers, sisters, parents and neighbors will be able to drive without fear of having their cars impounded, being ticketed or left stranded by the side of the road for not having a license.

One important thing to note is that AB 60 licenses look slightly different than others. On the front they read: “federal limits apply.” On the back they read: “not acceptable for official federal purposes.”

For this reason, it is very useful to know what AB 60 license holders’ rights are when they come into contact with state and local law enforcement (i.e. California Highway Patrol, sheriffs or police officers).

If you or someone you know has an AB 60 license, here are some key points:

  • Your AB 60 license is a valid California driver’s license;
  • Local and state law enforcement must accept your AB 60 license just as they would any other state-issued license or identification (i.e. for citations, whether you are driving or not);
  • Law enforcement is prohibited from using your AB 60 license to consider your immigration status as the basis for a criminal investigation, arrest or detention;
  • State or local agencies or officials, or any program that receives state funds, are prohibited from discriminating against you because you hold or present an AB 60 license;

There are, however, certain instances where one should use caution:

  • You might put yourself at risk if you show your driver’s license to law enforcement in another state, depending on the laws and policies of that state;
  • You shouldn’t try to use your AB 60 license to enter restricted areas in federal facilities;
  • Don’t use an AB 60 license to pass through TSA at an airport, use another form of identification, like a passport;
  • Don’t try using your license to prove your identity with federal law enforcement officers, including Immigration and Customs Enforcement (ICE) and Customs and Border Patrol;

You should also remember that anything you say can be used against you when talking to or in front of law enforcement, so don’t talk about your immigration status, citizenship, when you came to the U.S. or where you’re from.

If you think you have been discriminated against by law enforcement because of your AB 60 license, please call 619.232.2121 to report it.

Disclaimer: None of this is intended as legal advice. If you need legal advice regarding a specific situation, you should consult with a licensed and trusted attorney.

(Texto en español aquí.)

In October 2013, Governor Jerry Brown signed Assembly Bill 60 (AB-60) into law. AB-60 removes the condition of proving lawful presence in the U.S. to apply for a California driver’s license. Starting January 1, 2015, this makes it possible for undocumented immigrants to apply for, and receive, a CA driver license as long as they can show satisfactory Proof of Identity and California Residency and pass the required tests.

Starting January 1, 2015, undocumented California state residents may apply for and obtain drivers’ licenses!

There are some things to watch out for, so check out the CAUTION! section below.

The AB 60 driver licenses will allow undocumented immigrants to drive without the fear of being fined, arrested, or ultimately deported for not having a license. The AB 60 licenses will look a bit different: it will read on the front, “Federal Limits Apply.” It will also state on the back, “not acceptable for official federal purposes.” Your AB-60 license will be accepted by state and local law enforcement as state-issued identification, but you cannot use the AB-60 license to enter federal facilities such as TSA screening, or to verify your identity with federal law enforcement, such as Customs and Border Patrol.

Make an Appointment with the DMV

The first step towards obtaining your driver license under AB 60 would be to make an appointment with the DMV online, in-app, by phone, or in person at a DMV office.

Online: http://dmv.ca.gov/portal/dmv/detail/portal/foa/welcome
Select Field Office Visit Appointment in order to schedule your appointment for an AB-60 driver license.

App (Smartphone): http://apps.dmv.ca.gov/mobiledevices/iphone/dmvnow/default.htm

Phone: 1-800-777-0133

Office locator: http://apps.dmv.ca.gov/fo/offices/toc_fo.htm

Documents Needed to Apply for an AB-60 Driver’s License

Here is a link to the list of documents that are accepted. You need to prove both 1) Proof of Identity; and 2) California Residency.

https://apps.dmv.ca.gov/ab60/doc_req_matrix.pdf

For example, you can show your foreign passport or consular ID card as proof of identity, and a utility bill with your full name and California address on it to prove California residency.

Study for the License Tests!

Before you visit the DMV, you want to make sure that you are familiar with the rules of the road as instructed in the California Driver Handbook. The handbook is available in different languages and formats here:

http://dmv.ca.gov/portal/dmv/dmv/dl/driverhandbooks

You have to pass both: (1) Traffic laws written test; and (2) behind-the-wheel driving test.

Procedures for Obtaining Undocumented Resident Driver’s License

This is how it goes. Once you are at the DMV, pick up and complete a form DL-44 (see the tips under CAUTION! below), and pay the application fee of $33. This fee is paid directly to the DMV and is the only fee you will have to pay to obtain your AB 60 driver license. The form is the same for all driver license applicants, but be careful, as there is also a voter registration section included. Only U.S. citizens have the right to vote, so DO NOT register to vote.

You will present your documents to prove your identity and California residency, and then you will have your fingerprint taken. Next, you must pass your exams in the following order:

  1. Pass the vision exam.
  2. Pass the traffic laws written test (you get three tries). Once you do, you will have your picture taken and you will make a driving test appointment.
  3. Pass your behind-the-wheel driver’s test. Be sure that your vehicle meets the DMV’s test vehicle requirements and financial responsibility requirement. You can find more information on those here: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffdl22
  4. You get three tries for the behind-the-wheel test as well. Good luck! Once you pass this exam, you will be issued your California AB 60 driver license!

CAUTION!

• Make sure that you have paid any outstanding traffic tickets.
• Immigration can access the DMV database based on an ongoing investigation. If you have any prior removal orders or warrants, and depending on your immigration history, you should be very cautious in considering whether to apply. Contact an attorney to discuss your issue first.
• You should also be careful if you have previously obtained a license by any kind of fraud… such as fake social security information, fake ID cards, and assumed identities.
• Don’t be scammed! No one can get you “through” faster by paying a fee. Also, the manual for studying for the exam is free on the DMV website, in different languages.
• Don’t register to vote!! It’s very easy to check the box in this section on the application form. DO NOT CHECK THE BOX! This can significantly affect your immigration case in the future.
• DO NOT file in the SSN unless you have a valid, legitimate social security number. That means, DO NOT enter a fake number, made-up number, purchased number, or your ITIN tax number.
• This license is not a work permit, and it does not give you the right to work.
• If you have any doubts about whether you should apply, and whether there are any particular risks to you, consult an attorney first!

Useful links/information:

http://dmv.ca.gov/portal/dmv/detail/ab60/index
http://driveca.org/

En español:

http://driveca.org/es/

Can an illegal immigrant get a driver's license in California?

Governor Brown signed AB 60 into law in 2013, which directs the Department of Motor Vehicles (DMV) to issue a driver's license to any California resident who is eligible, regardless of immigration status. This means that an applicant who is undocumented can receive a driver's license under AB 60.

Can illegal immigrants get a US driver's license?

This law allow any person who is unable to establish legal presence in the U.S. but meets requirements such as presenting proof of identity, proof of residency and not violating insurance requirements, to receive a driver's license or permit if the Division of Motor Vehicles deems them eligible.

Can undocumented immigrants get an ID in California?

Undocumented immigrants in California can now get official state identification, thanks to a bill signed into law by Gov. Gavin Newsom. The "California ID's For All" measure is aimed at helping non-drivers, who otherwise have no form of state identification.

Can I get driver license without SSN in California?

SSN Verification All applicants for a driver license and/or identification (DL/ID) card must submit his/her social security number to DMV. DMV electronically verifies your SSN, name, and birth date with the Social Security Administration (SSA) while you are in the DMV office.